Chinese Law System of Intellectual Property Right Protection in Biotechnology

2008 ◽  
Vol 5 (3) ◽  
Author(s):  
Chang Junli ◽  
Zhu Xuezhong ◽  
He Guangyuan
Keyword(s):  
Intellectual Property ◽  
Local Governments ◽  
Life Sciences ◽  
Patent Law ◽  
Property Right ◽  
Intellectual Property Right ◽  
State Council ◽  
Law System ◽  
Chinese Law ◽  
Chinese State

AbstractThis paper deals with the Chinese law system on protecting the biotechnology intellectual property right. This law system includes the copyright law and the patent law, etc. as well as the regulations being issued by the Chinese State Council and the Chinese Council Ministries and the authorized local governments, such as the Protection of New Varieties of Plants issued by the Chinese State Council. The establishment and application of this law system in the area of biotechnology have resulted in a rapid development of biotechnology and life sciences in China. In the meantime, optimized law system to protect the intellectual property right has been demanded, in order to fit the further exploitation, application and commercialization of the techniques and productions in the area of the biotechnology and the life sciences. The history, current situation and several special topics for Chinese laws to protect intellectual property right in biotechnology shall be presented and related suggestion raised.

The Progress of Chinese Legal Protection in Genetic Resources

2008 ◽  
Vol 5 (2) ◽  
Author(s):  
Zhu Xuezhong ◽  
Zhou Yongtao ◽  
Tang Jie
Keyword(s):  
Intellectual Property ◽  
Genetic Resources ◽  
Local Governments ◽  
Legal Protection ◽  
Property Right ◽  
Intellectual Property Right ◽  
State Council ◽  
Law System ◽  
Chinese Law ◽  
Laws And Regulations

AbstractThe Chinese legal protection and its development in genetic resources are subject to this paper. Since China is one of the countries with rich genetic resources, it is important to apply current legal systems and enact laws or regulations for the protection of intellectual property right in the field of genetic resources. This paper describes the present situation of the Chinese law system including laws and regulations issued by the State Council, Government Office and local governments on protection of intellectual property right in genetic resources and other suggestions being made. At the same time, this paper also discusses the trend of relevant laws and regulations of protection on Chinese genetic resources.

Patent Protection for Biotechnology in China: the Current Legislation and the Proposed Third Amendment

2008 ◽  
Vol 5 (1) ◽  
Author(s):  
Ying Zhan
Keyword(s):  
Intellectual Property ◽  
Patent Protection ◽  
Final Section ◽  
Patent Law ◽  
Property Right ◽  
Intellectual Property Right ◽  
Patent Policy ◽  
The Third ◽  
Related Information

AbstractThis article addresses the Chinese legislation on patent protection for biotechnology. Section I presents a brief overview of China's intellectual property right protection regime for biotechnology; Section II describes the China's current patent legislation on biotechnology. Since April 2005, China has lunched the third amendment to its Patent Law. The related information of the third amendment to Chinese biotechnology patent policy is provided in the final section.

scholarly journals Cross-country differences in innovative entrepreneurial activity

2018 ◽  
Vol 58 (7) ◽  
pp. 1301-1329
Author(s):  
Ali Raza ◽  
Moreno Muffatto ◽  
Saadat Saeed
Keyword(s):  
Intellectual Property ◽  
Property Right ◽  
Intellectual Property Right ◽  
Entrepreneurial Activity ◽  
Content Type ◽  
Performance Orientation ◽  
Entrepreneurial Cognition ◽  
And Performance ◽  
The Relationship ◽  
Business Freedom

Purpose The purpose of this paper is to clarify the relationship between entrepreneurial cognition and innovative entrepreneurial activity (IEA) across countries using an institutional perspective. Design/methodology/approach The paper tests theoretical model using data collected by the Global Entrepreneurship Monitor, the Global Leadership and Organizational Behavior Effectiveness study and the Index of Economic Freedom (IEF). A multi-level analysis is performed based on set of 1,004,620 observations from 49 countries spanning 13 years (2001–2013). Findings The results suggest that in terms of formal regulations; the relationship between entrepreneurial cognitions and IEA becomes stronger when there is an increase in intellectual property right and business freedom regulations in a country. On the other hand, in terms of informal institutions the relationship between entrepreneurial cognitions and IEA becomes stronger when the level of institutional collectivism and uncertainty decreases and performance orientation increases. Originality/value The study indicates that entrepreneurship by innovation increases when the individuals possess high level of entrepreneurial cognition under suitable institutional conditions (e.g. intellectual property right, business freedom, institutional collectivism, uncertainty avoidance and performance orientation).

scholarly journals MAPPING AND PROTECTING THE INTELLECTUAL PROPERTY RIGHT IN THE FIELD OF THE TRADITIONAL BATIK DESIGN OF TIRTOMOYO AS THE CULTURAL HERITAGE AND ITS DEVELOPMENT BASED ON THE LOCAL GENIUS IN THE CREATIVE INDRUSTRIAL ERA

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Sarwono
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Key Words ◽  
Traditional Knowledge ◽  
Government Policy ◽  
Property Right ◽  
Intellectual Property Right ◽  
Cultural Expression ◽  
The One ◽  
Local Government Policy

<p align="center"><strong><em>Abstract</em></strong></p><p><em>            In order to provide the protection to the “traditional batik art knowledge” in Tirtomoyo, Wonogiri, the local government policy rests on the </em><em>potensial of art, commerce, services, education, tourism and sports</em><em>.Here, it can be drawn the real purpose, that is to develop, to conserve, and to protect the traditional knowledge as the heritage and cultural expression, especially the traditional knowledge. I</em><em>n th</em><em>is</em><em> case</em><em>, the Intellectual Property Right protection and its all varieties should be applied on the traditional intellectual art. However, it has not yet manifested the regional regulation on the Intellectual Property Right, especially the protection to the traditional knowledge.         There has not been confirmation about what institutions will be responsible or what kind of agencies will be involved in providing the protection to the traditional knowledge, like the batik art, dance art, and others, so that they don’t seem loose accountability in handling it. The policy on the Intellectual Property Right, especially the one related to the traditional knowledge, is still partial or supplement. The Industry and Trade Department of Wonogiri regency, which handles the micro and medium industry field and is not related directly to the batik handicraft industry, has planned to make a program of batik handicraft industry as the regional superior. </em></p><strong><em>Key words: Intellectual Property Right, Traditional knowledge, Batik Art.</em></strong>

scholarly journals The impact of trust on intellectual property right protection: a cross-national study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Thuy Thi Nguyen ◽  
Tien Hanh Duong ◽  
My Tran Thanh Dinh ◽  
Tram Ho Ha Pham ◽  
Thu Mai Anh Truong
Keyword(s):  
Intellectual Property ◽  
Social Trust ◽  
Property Right ◽  
Least Square ◽  
Intellectual Property Right ◽  
National Study ◽  
Content Type ◽  
Cross National Study ◽  
The Impact ◽  
Ipr Protection

PurposeThis study aims to empirically investigate how difference in social trust explains the heterogeneity of intellectual property right (IPR) protection (proxied by software piracy rate) across countries. Specifically, the authors also examine whether this effect is complementary or substitute to legal and economic factors.Design/methodology/approachThe authors use both ordinary least square and two-stage least square regressions to investigate this effect.FindingsThe authors find that there is also a complementary effect between trust and rule of law in reducing the violation of IPRs.Originality/valueAlthough the literature by now has documented the solid relationship between trust and the quality of formal institutions, only few studies have explored more specific measures of institutional consequences. Thus, this study is the first study investigating the role of trust, a valuable social capital dimension, on IPR protection.

scholarly journals GEOGRAPHICAL INDICATIONS IN INDIA & THE CASE OF FAMOUS INDIAN WEAVE: BANARASI BROCADE

2016 ◽  
Vol 4 (12) ◽  
pp. 137-146
Author(s):  
Shruti Gulati
Keyword(s):  
Intellectual Property ◽  
Property Right ◽  
Intellectual Property Right ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Place Of Origin ◽  
Selling Point

A milestone was reached when WTO through TRIPS had granted goods to retain its essence of the land by allowing attaching a geographical indication to goods having specialty from the place of origin. Where a product holds characteristics that clearly indicate its reference to a place in terms of quality, essentially attributed things such as reputation, it is said to have a geographical indication. Where most things become synonymous with the land, that they sometimes lose their own identity leading to an interchangeable use of the geographical name with the good like the ‘banarasibrocade’or ‘phulkari’. The reason for getting it under the Intellectual Property Right radar is that it becomes the selling point as well as that characteristic which solely differentiates the good out of the crowd, sometimes to an extent of premium pricing as well. It’s like a safeguard to both the consumers for an assurance of quality and the producers for making it worthy.

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